LTB Order LTB-L-056127-22

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 39853 (CanLII) Citation: ARTEL INC v R.B., 2023 ONLTB 39853 Date: 2023-05-25 File Number: LTB-L-056127-22 In the matter of: 1, 147 BROADWAY ORANGEVILLE ON L9W1K2 Between: ARTEL INC Landlord And R.B. Tenant ARTEL INC (the 'Landlord') applied for an order to terminate the tenancy and evict R.B. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on April 13, 2023. Only the Landlord’s legal representative, J. Niewhof, attended the hearing. As of 10:43 a.m., the Tenant was not present or represented at the hearing although properly served with notice of this hearing by the LTB. There was no record of a request to adjourn the hearing. As a result, the hearing proceeded with only the Landlord's evidence. The Landlord’s legal representative said that he called the Tenant four times on the morning of the hearing, and they succeeded in reaching them on the fourth attempt. He said that he gave the Tenant the pass code, phone number, and the information to log into the hearing. The Landlord’s legal representative said that he repeated the information four times. This application was number #21 on the hearing docket. A person called “Observer 21” was in the hearing room, and they were asked to unmute themselves at least twice, and they refused to speak. Determinations: 1. The Landlord served the Tenant with a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice). The Tenant did not void the notice by paying the amount of rent arrears owing by the termination date in the N4 Notice or before the date the application was filed. Order Page: 1 of 5  File Number: LTB-L-056127-22 2. As of the hearing date, the Tenant was still in possession of the rental unit. 3. The lawful rent is $800.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $26.30. This amount is calculated as follows: $800.00 x 12, divided by 365 days. 2023 ONLTB 39853 (CanLII) 5. The Tenant has not made any payments since the application was filed. 6. The rent arrears owing to April 30, 2023 are $12,000.00. 7. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 8. The Landlord collected a rent deposit of $750.00 from the Tenant and this deposit is still being held by the Landlord. The rent deposit can only be applied to the last rental period of the tenancy if the tenancy is terminated. 9. Interest on the rent deposit, in the amount of $76.90 is owing to the Tenant for the period from August 1, 2016 to April 13, 2023. 10. The Landlord requests a standard termination order. 11. The Landlord’s legal representative said that the Landlord sent a letter to the Tenant on November 29, 2022, offering a proposed repayment plan for the arrears, and there was no response from the Tenant. He said that another letter was sent to the Tenant on April 4, 2023, with the arrears update, notice of hearing, and other information, and it also advised the Tenant to reach out to the Landlord with respect to the arrears. He said there was no response to that letter either. 12. I have considered all of the disclosed circumstances above in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), including the impact of COVID-19 on the parties and whether the Landlord attempted to negotiate a repayment agreement with the Tenant, and I find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. In particular, the Landlord has communicated with the Tenant about the arrears multiple times, and there has been no response. The Tenant has paid nothing at all for eight months, and the arrears are now double what they were when the Landlord filed the application. The Landlord has made concerted effort to communicate with the Tenant, and they have done everything they can to ensure that the Tenant attend the hearing, but the Tenant’s lack of response suggests that the relationship between the parties has completely broken down, and the tenancy is no longer viable. It is prejudicial to the Landlord for the tenancy to continue. It is ordered that: 1. The tenancy between the Landlord and the Tenant is terminated unless the Tenant voids this order. Order Page: 2 of 5  File Number: LTB-L-056127-22 2. The Tenant may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust: • $12,986.00 if the payment is made on or before May 31, 2023. See Schedule 1 for the calculation of the amount owing. 2023 ONLTB 39853 (CanLII) OR • $13,786.00 if the payment is made on or before June 5, 2023. See Schedule 1 for the calculation of the amount owing. 3. The Tenant may also make a motion at the LTB to void this order under section 74(11) of the Act, if the Tenant has paid the full amount owing as ordered plus any additional rent that became due after June 5, 2023 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenant may only make this motion once during the tenancy. 4. If the Tenant does not pay the amount required to void this order the Tenant must move out of the rental unit on or before June 5, 2023. 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $10,901.00. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application. The rent deposit and interest the Landlord owes on the rent deposit are deducted from the amount owing by the Tenant. See Schedule 1 for the calculation of the amount owing. 6. The Tenant shall also pay the Landlord compensation of $26.30 per day for the use of the unit starting April 14, 2023 until the date the Tenant moves out of the unit. 7. If the Tenant does not pay the Landlord the full amount owing on or before June 5, 2023, the Tenant will start to owe interest. This will be simple interest calculated from June 6, 2023 at 6.00% annually on the balance outstanding. 8. The Landlord or the Tenant shall pay to the other any sum of money that is owed as a result of this order. 9. If the unit is not vacated on or before June 5, 2023, then starting June 6, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 10. Upon receipt of this order, the Court Enforcement Office (Sheriff) is directed to give vacant possession of the unit to the Landlord on or after June 6, 2023. May 25, 2023 ____________________________ Date Issued Nancy Morris Member, Landlord and Tenant Board Order Page: 3 of 5  File Number: LTB-L-056127-22 15 Grosvenor Street, Ground Floor Toronto ON M7A 2G6 If you have any questions about this order, call 416-645-8080 or toll free at 1-888-332-3234. 2023 ONLTB 39853 (CanLII) In accordance with section 81 of the Act, the part of this order relating to the eviction expires on December 6, 2023 if the order has not been filed on or before this date with the Court Enforcement Office (Sheriff) that has territorial jurisdiction where the rental unit is located. Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before May 31, 2023 Rent Owing To May 31, 2023 $12,800.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $0.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount the Landlord owes the Tenant for - $0.00 an{abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $0.00 Total the Tenant must pay to continue the tenancy $12,986.00 B. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before June 5, 2023 Rent Owing To June 30, 2023 $13,600.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $0.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount the Landlord owes the Tenant for - $0.00 an{abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $0.00 Total the Tenant must pay to continue the tenancy $13,786.00 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $11,541.90 Application Filing Fee $186.00 Order Page: 4 of 5  File Number: LTB-L-056127-22 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $0.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed 2023 ONLTB 39853 (CanLII) Less the amount of the last month's rent deposit - $750.00 Less the amount of the interest on the last month's rent deposit - $76.90 Less the amount the Landlord owes the Tenant for an - $0.00 {abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the Landlord $10,901.00 Plus daily compensation owing for each day of occupation starting $26.30 April 14, 2023 (per day) Order Page: 5 of 5